US Supreme court ruling - DACA is here to stay
In a major reprieve for dreamers, SCOTUS in its 5-4 ruling on June 18 2020, blocked current administration from canceling the DACA program. Immigration advocates hailed the ruling which gives protection to dreamers and option to maintain legal status.
Under the Supreme Court’s decision, United States Citizenship and Immigration Services (USCIS) must continue to process the following types of DACA requests
People Who Currently Have DACA: Current DACA recipients can file a renewal DACA request.
People Whose DACA Expired One Year Ago or Less: Recipients whose previous DACA expired one year ago or less may still file a renewal DACA request.
People Whose DACA Expired More Than One Year Ago: Recipients whose previous DACA expired more than one year ago cannot file a renewal DACA request but may file an initial DACA request.
People Whose DACA Was Terminated: DACA recipients whose previous DACA was terminated at any point cannot request DACA as a renewal but may file an initial DACA request.
In order to comply with the Supreme Court’s order, USCIS has to publish guidance on processing the following applications that were suspended under prior court orders:
People Who Have Not Previously Been Granted DACA: The Court’s June 18, 2020 decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. As a result, USCIS should immediately publish guidance on processing new, initial DACA applications.
Advance Parole Requests: The Court’s June 18, 2020 decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. Because advance parole based on DACA was a part of the 2012 DACA program, USCIS should immediately publish guidance on processing advance parole applications filed by DACA recipients.
There is a lot of information and nuances to consider, applicants should consider several factors when deciding whether to submit a new, initial DACA application before guidance is issued.
Please consult our office to see if applying for DACA is right for you.